This blog features case law related to real estate, land use, zoning, and municipal law in Pennsylvania

Tag: burden of proof

Reversal of ZBA Special Exception Denial Based on Speculative, Lay Opinion Affirmed

In this case out of Philadelphia, the Commonwealth Court affirmed the reversal of a Philadelphia Zoning Board of Adjustment (“ZBA”) decision to deny special exception approval to a developer to construct a Dunkin Donuts near the intersection of Broad Street and Oregon Avenue in South Philadelphia.  Monroe Land Investments (“Monroe”) filed a special exception application to redevelop a former 7-11 and Napa auto parts store into a Dunkin Donuts coffee shop.

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Trial Court Must Perform De Novo Review of Application for Site-Specific Relief Following Successful Validity Challenge

In this case out of Chester County, the Commonwealth Court was presented with a request for site specific relief following a successful validity challenge of the East Pike Township Zoning Ordinance (the “Ordinance”).  In concluding that the Court of Common Pleas of Chester County had erred by denying site-specific relief, the Court found the 1 year limitation in § 916.1(g) was inapplicable, it was improper for the trial court to merely rely upon the conclusions of the East Pike Township Zoning Hearing Board (“ZHB”), and the burden of proving compliance with the Ordinance’s unchallenged, pre-existing, and generally applicable provisions rested upon the Township rather than the successful challenger.

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